FIFTH SECTION

DECISION

Application no. 34987/17 Vugar Sabir oglu ALIYEV against Azerbaijan

(s ee appended table)

The European Court of Human Rights (Fifth Section), sitting on 18 February 2021 as a Committee composed of:

Ganna Yudkivska, President, Ivana Jelić , Arnfinn Bårdsen , judges,

and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above application lodged on 8 May 2017,

Having regard to the declaration submitted by the respondent Government requesting the Court to strike the application out of the list of cases,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant ’ s details are set out in the appended table.

The applicant was represented by Mr F. Mammadov, a lawyer based in Azerbaijan.

The applicant ’ s complaints under Article 6 § 1 (lack of reasoning in the domestic courts ’ decisions), Article 6 § 3 (c) (the applicant ’ s and his lawyer ’ s absence at the hearing before the Supreme Court) and Article 8 (unlawfulness of the search of the applicant ’ s home) of the Convention were communicated to the Azerbaijani Government (“the Government”) .

THE LAW

After unsuccessful friendly-settlement negotiations, the Government informed the Court that they proposed to make a unilateral declaration with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the application in accordance with Article 37 of the Convention.

The declaration provided as follows:

“ 1. The Government of the Republic of Azerbaijan hereby wish to express – by way of unilateral declaration – their acknowledgement of the fact that there was a violation of the applicant ’ s rights guaranteed by Articles 6 and 8 of the Convention.

2. The Government are prepared to pay to the applicant, Mr. Vugar ALIYEV, the sum of EUR 6,000 (six thousand euros), for any pecuniary damage or non-pecuniary damage and for costs and expenses incurred before the Court. This sum shall be free of any tax that may be applicable and shall be payable within three months from the date of the notification of the striking-out judgment of the Court pursuant to Article 37 of the European Convention on Human Rights. From the expiry of the above ‑ mentioned period, simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.

3. In the light of above, the Government would suggest that the circumstances of the present case allow the Court to reach the conclusion that there exists ‘ any other reason ’ , as referred to in Article 37 § 1 (c) of the Convention, justifying to discontinue the examination of the application, and that, moreover, there are no reasons of a general character, as defined in Article 37 § 1 in fine , which would require the further examination of the case by virtue of that provision. Accordingly, the Government invite the Court to strike the application out of its list of cases. ”

By a letter of 12 January 2021, the applicant indicated that he was not satisfied with the terms of the unilateral declaration mainly arguing that the amount of compensation provided in the Government ’ s unilateral declaration was low and not in correlation to the grievances that he had suffered.

The Court observes that Article 37 § 1 (c) enables it to strike a case out of its list if:

“... for any other reason established by the Court, it is no longer justified to continue the examination of the application . ”

Thus, it may strike out applications under Article 37 § 1 (c) on the basis of a unilateral declaration by a respondent Government even if the applicant wishes the examination of the case to be continued (see, in particular, the Tahsin Acar v. Turkey judgment (preliminary objections) [GC], no. 26307/95, §§ 75 ‑ 77, ECHR 2003-VI).

The Court has established clear and extensive case-law concerning complaints raised in the present application (see, for example, Layijov v. Azerbaijan , no. 22062/07, §§ 62-77, 10 April 2014; Sakit Zahidov v. Azerbaijan , no. 51164/07 , §§ 46-59, 12 November 2015; Abbasov v. Azerbaijan , no. 24271/05, § 33, 17 January 2008; Mammad Mammadov v. Azerbaijan , no. 38073/06, § 33, 11 October 2011 ; and Dragan Petrović v. Serbia , no. 75229/10, §§ 70-73, 14 April 2020).

Noting the admissions contained in the Government ’ s declaration as well as the amount of compensation proposed – which is consistent with the amounts awarded in similar cases – the Court considers that it is no longer justified to continue the examination of the application (Article 37 § 1 (c)).

In the light of the above considerations, the Court is satisfied that respect for human rights as defined in the Convention and the Protocols thereto does not require it to continue the examination of the application (Article 37 § 1 in fine ).

Finally, the Court emphasises that, should the Government fail to comply with the terms of their unilateral declaration, the application may be restored to the list in accordance with Article 37 § 2 of the Convention (see Josipović v. Serbia ( dec. ), no. 18369/07, 4 March 2008).

In view of the above, it is appropriate to strike the case out of the list .

For these reasons, the Court, unanimously,

Takes note of the terms of the respondent Government ’ s declaration and of the arrangements for ensuring compliance with the undertakings referred to therein;

Decides to strike the application out of its list of cases in accordance with Article 37 § 1 (c) of the Convention .

Done in English and notified in writing on 11 March 2021 .

             {signature_p_2}

Liv Tigerstedt Ganna Yudkivska Acting Deputy Registrar President

APPENDIX

Application raising complaints under Article s 6 §§ 1 and 3 (c) and 8 of the Convention

Application no. Date of introduction

Applicant ’ s name

Year of birth

Representative ’ s name

Date of receipt of Government ’ s declaration

Date of receipt of applicant ’ s comments,

if any

Amount awarded for pecuniary and non ‑ pecuniary damage and costs and expenses (in euros) [1]

34987/17

08/05/2017

Vugar Sabir oglu ALIYEV

1972Mammadov Famil

11/12/2020

12/01/2021

6,000

[1] Plus any tax that may be chargeable to the applicant.